29 September 2020

EPFO Should Stop Foul Play : Matter of 65 Lakh EPS 95 Pensioners/PF pensioners

 EPFO Should Stop Foul Play : Matter of 65 Lakh EPS 95 Pensioners/PF pensioners


The Apex judiciary has reminded the administrators umpteen times that pension is a deferred wage and is the right of workmen. The attempt of Central government in particular to demolish the Pension scheme, run by EPFO through the contributions received from the workmen, was severely criticized by Supreme Court. In spite of this, mentioning the name of court, Central Labour Ministry and EPFO are fighting to the last resort to deny the pension benefits.    

Since more than 10 years, PF pensioners are knocking at the doors of various High Courts in the country and the Supreme Court for justice.  Majority of the PF pensioners are not even getting Rs.1000 as monthly pension. Most of the pensioners are getting lesser amount than their welfare pension.  The authorities are presently trying to sabotage the justice granted to them. 
Pensioners have the right to receive pension proportionate to their salary and the amendment proposing restrictions, brought out in 2014 was set aside by Kerala High Court Division Bench on 20th Oct.2018. As per the amendment effective from 1st Sept.2014, it was proposed that those who received pensionable salary exceeding Rs.15000 per month would be disqualified and the right to exercise option won’t be available henceforth.  When judgments started coming from various High Courts saying that EPFO has no right to impose a cut off for exercising option and consideration a portion of salary only for pension as injustice, EPFO has hastily notified the amendments illegally.  
It was after a lapse of one and half years from this, that SC made its ruling on this. Supreme Court has strongly warned that the laws which are meant for the welfare of workmen should not be tampered with disastrously affecting them.  A group of EPS Pensioners from Himachal Pradesh had approached the High Court requesting for its order for getting pension proportionate to their salaries. Single bench ruled in  favor of the workmen. However a Division Bench approved the appeal of EPFO. An appeal filed against this DB Bench decision of HC in Supreme Court ruled in favor of the Pensioners. Before this, Kerala High Court had also ruled in favour of the workmen and that was ratified by SC.  However, it was in the appeal against Himachal case, the SC gave a detailed verdict. 
As per this, in normal course proportionate recovery and pension proportionate to salary,etc. should have been started.  But for want of these, thousands of pensioners thronged to various High Courts. When similar cases were filed in SC, hearing of these were kept in abeyance, awaiting the judgment from KHC. After months long argument, after one and a half year, setting aside the amendments brought out in 2014, KHC DB ruled for proportionate recovery and payment of pension in accordance with salary and the appeal filed by EPFO against this was dismissed by SC.  Now a Review Petition filed by Central Govt. is only seen as something left out. 
Subsequent to the denial of EPFO to implement the verdict, those who got the verdict in their favour have started filing contempt case in HCs and in several cases, HC ruled that contributions proportionate to salary, together with interest be accepted and enhanced pension be paid forthwith. Though a High Court case is nationally applicable to all, EPFO adopted a typical attitude of implementing the order only for those who filed the contempt cases. 
Now even that has been stopped citing the old arguments.  EPFO is insisting that except those who have exercised option while in service and made higher contributions, none has the right to exercise option subsequently. As per the new instructions, until a decision is pronounced in the Review Petition, earlier norms only be applied and even those who approach with favorable contempt case verdict also need not be considered for payment of higher pension. With this, those who have remitted amount to get proportionate higher pension, as directed by EPFO are also facing uncertainties. 
Life of millions of PF subscribers and lakhs of retirees is being affected by this procedure.  Central Govt must remember the comment of Supreme Court that a scheme introduced for the welfare of the workmen should not be reversed. PENSIONERS WHO ARE IN THE EVENINGS OF THEIR LIFE SHOULD NOT BE ROBBED OFF FROM THEIR RICE BOWL.  Prime Minister should directly intervene for implementing the Kerala High Court verdict, which was upheld by Supreme Court.

1 comment:

  1. Modi is worried about his vote bank like farmers and rich industrialist. We hopeless 65 lacs plus pensioners dont have any value for these politicians no value for our votes. We should boucott all the elections by registering our protest

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